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That's interesting because the below is cut and pasted directly from the source I cited:
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Includes legislation adopted through 02-07-2017.
Also not trying to be a pain in the ass, but I would not hesitate to put up a shed to the specifications outlined in in the section I cited without a permit. Since we've had this discussion, I'd probably also laminate the purchase receipt and that section and affix them to the inside of the shed if some overzealous civil servant someday created a problem.
I hear ya, I guess we would just have to agree to disagree. Not sure why that is posted like that, either out to date or wrong?! Not sure but it's not correct.
What is your perception on the situation? I'm sincerely telling you the town requires a permit. Do you believe that the building department and the zoning ordinance are lying? Or do you think it is a typo? Do you think that I'm lying? I'm just curious?
For fun, why don't you call up the town and just honestly post what they tell you. Tell them you want to put up a shed and see what they say? (516) 538-8500
I hear ya, I guess we would just have to agree to disagree. Not sure why that is posted like that, either out to date or wrong?! Not sure but it's not correct.
What is your perception on the situation? I'm sincerely telling you the town requires a permit. Do you believe that the building department and the zoning ordinance are lying? Or do you think it is a typo? Do you think that I'm lying? I'm just curious?
For fun, why don't you call up the town and just honestly post what they tell you. Tell them you want to put up a shed and see what they say? (516) 538-8500
I don't think anyone's lying; I believe it speaks to politics and civil service where everybody wants to be in charge but nobody cares enough to do anything right. That 52 cubic foot limit appears to be written to show that maximum size that can encroach on setbacks which is not necessarily the same limit on construction without a permit. It's clear from the building department site that they want to enforce the smaller size restriction, it is not clear what the board intended when the 144 square foot rule was enacted.
It would take more effort than this deserves to call the town and then would only determine what the person answering the phone was instructed - certainly government employees have been known to make mistakes and some like to build their own fiefdom by going overboard. Certainly I'm not the first person to see the problem but it apparently hasn't been addressed or the two different standards would not appear in official documents. That is what a judge would be looking at.
Probably the most decisive factor would be in seeing when each of the conflicting sections was enacted and if either has been amended since. The problem is that often laws just get copied into new legislation without review. The telling dates would be those on which the Town Board actually addressed this specific topic, if ever.
I don't think anyone's lying; I believe it speaks to politics and civil service where everybody wants to be in charge but nobody cares enough to do anything right. That 52 cubic foot limit appears to be written to show that maximum size that can encroach on setbacks which is not necessarily the same limit on construction without a permit. It's clear from the building department site that they want to enforce the smaller size restriction, it is not clear what the board intended when the 144 square foot rule was enacted.
It would take more effort than this deserves to call the town and then would only determine what the person answering the phone was instructed - certainly government employees have been known to make mistakes and some like to build their own fiefdom by going overboard. Certainly I'm not the first person to see the problem but it apparently hasn't been addressed or the two different standards would not appear in official documents. That is what a judge would be looking at.
Probably the most decisive factor would be in seeing when each of the conflicting sections was enacted and if either has been amended since. The problem is that often laws just get copied into new legislation without review. The telling dates would be those on which the Town Board actually addressed this specific topic, if ever.
Well I agree and disagree. I agree that there is a discrepancy between both pieces of legislation but I disagree with your interpretation of the 52 cubic ft. I meet with plan examiners and the building inspectors pretty much on a monthly basis. The rule for years have been that if it is over 52 cubic feet you need a permit.. I think the only thing that this thread had done is show that there is a contradiction but a contradiction in the legislation does not mean that people do not need to get permits for their sheds. Like I said I have filed over 50 shed permits over the years. Don't you think that is odd if it was not needed? I also have had plans rejected because of sheds. For example, a month back a person wanted to do a second floor addition. The plan examiner kicked back the plans for the second floor addition because the survey showed a shed. The plan examiner said either demolish the shed or get a permit...
Well I agree and disagree. I agree that there is a discrepancy between both pieces of legislation but I disagree with your interpretation of the 52 cubic ft. I meet with plan examiners and the building inspectors pretty much on a monthly basis. The rule for years have been that if it is over 52 cubic feet you need a permit.. I think the only thing that this thread had done is show that there is a contradiction but a contradiction in the legislation does not mean that people do not need to get permits for their sheds. Like I said I have filed over 50 shed permits over the years. Don't you think that is odd if it was not needed? I also have had plans rejected because of sheds. For example, a month back a person wanted to do a second floor addition. The plan examiner kicked back the plans for the second floor addition because the survey showed a shed. The plan examiner said either demolish the shed or get a permit...
Too bad the guy who got his plans held up didn't take the 144 sq ft ruling to a judge - then we'd have a definitive answer. That's probably the only way to get one, a court challenge. In the meantime I guess the building department will operate under the terms they prefer whether or not they are actually the legally correct ones.
I have an existing permitted 12x12 wood shed. Is it allowed to build a second shed? I live in the Town of Hempstead, Nassau County NY. I am thinking of putting up a resin shed.
Last edited by skorp2022; 04-09-2024 at 02:23 PM..
I have an existing permitted 12x12 wood shed. Is it allowed to build a second shed? I live in the Town of Hempstead, Nassau County NY. I am thinking of putting up a resin shed.
This is a zoning issue, as the Building Zone Ordinance typically only allows one accessory structure, unless the second one is a cabana for a permitted pool.
They finally loosened up on the permits for accessory structures a few years back. For awhile they were forcing people to apply for permits that were unnecessary based on specific exemptions in the code; the only time permits were truly needed for those structures was when they violated zoning (setbacks, lot coverage, fence sizing, etc).
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